BILL NUMBER: SB 363	CHAPTERED  07/26/99

	CHAPTER   183
	FILED WITH SECRETARY OF STATE   JULY 26, 1999
	APPROVED BY GOVERNOR   JULY 26, 1999
	PASSED THE ASSEMBLY   JULY 15, 1999
	PASSED THE SENATE   MAY 25, 1999
	AMENDED IN SENATE   MAY 19, 1999

INTRODUCED BY   Senator Figueroa
   (Principal coauthor: Assembly Member Wayne)
   (Coauthors: Senators Chesbro, Hughes, and Murray)
   (Coauthors: Assembly Members Cardoza, Cunneen, Knox, Kuehl,
Romero, and Washington)

                        FEBRUARY 11, 1999

   An act to add Section 11580.011 to the Insurance Code, and to
amend Section 16054 of the Vehicle Code, relating to automobile
insurance.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 363, Figueroa.  Automotive insurance:  coverage for damaged
child safety restraint systems.
   Existing law describes the coverage required to be provided by
various policies of automobile insurance.
   This bill would require every policy of automobile liability
insurance, and every policy that provides automobile collision
coverage, automobile physical damage coverage, or uninsured motorist
property damage coverage to provide coverage for the replacement of a
child passenger restraint system that was in use by a child during
an accident for which the policy is liable.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 11580.011 is added to the Insurance Code, to
read:
   11580.011.  (a) As used in this section, "child passenger
restraint system" means a system as described in Section 27360 of the
Vehicle Code.
   (b) Every policy of automobile liability insurance, as described
in Section 16054 of the Vehicle Code, shall provide liability
coverage for replacement of a child passenger restraint system  that
was in use by a child during an accident for which liability coverage
under the policy is applicable due to the liability of an insured.
   (c) Every policy of automobile liability insurance that provides
uninsured motorist property damage coverage, as described in
paragraph (2) of subdivision (a) of Section 11580.26, shall provide
coverage for replacement of a child passenger restraint system that
was in use by a child during an accident for which uninsured motorist
property damage coverage under the policy is applicable due to the
liability of an uninsured motorist.
   (d) Every policy that provides automobile collision coverage or
automobile physical damage coverage, as described in Section 660,
shall include a child passenger restraint system within the
definition of covered property, if the child passenger restraint
system was in use by a child during an accident.
  SEC. 2.  Section 16054 of the Vehicle Code is amended to read:
   16054.  (a) Proof may be established by filing with the department
satisfactory evidence:
   (1) That the owner had an automobile liability policy, a motor
vehicle liability policy, or bond in effect at the time of the
accident with respect to the driver or the motor vehicle involved in
the accident, unless it is established that at the time of the
accident the motor vehicle was being operated without the owner's
permission, express or implied, or was parked by a driver who had
been operating the vehicle without permission.
   (2) That the driver of the motor vehicle involved in the accident,
if he or she was not the owner of the motor vehicle, had in effect
at the time of the accident an automobile liability policy or bond
with respect to his or her operation of the motor vehicle not owned
by him or her.
   (3) That the liability as may arise from the driver's operation of
the motor vehicle involved in the accident is, in the judgment of
the department, covered by some form of liability insurance or bond.

   (4) That the owner or driver, if he or she is involved in an
accident while operating a vehicle of less than four wheels, had in
effect at the time of the accident with respect to the driver or
vehicle a liability policy or bond that meets the requirements of
Section 16056.
   (b) Any automobile liability policy or bond referred to in this
section shall comply with the requirements of Section 16056 and
Sections 11580, 11580.011, 11580.1, and 11580.2 of the Insurance
Code, but need not contain provisions other than those required by
those sections, and shall not be governed by Chapter 3 (commencing
with Section 16430).
